5.01.01   Generally.

A.

A home occupation is permissible in a lawfully established dwelling unit in any zoning district where residential uses are permissible. All home occupations shall meet the standards set forth in Section 5.01.02. Home occupations in the SA zoning districts shall meet the additional standards in Section 5.01.03.

B.

The following and similar uses shall be considered home occupations:

1.

Instruction or teaching, such as, but not limited to, academic tutoring, performing arts, or fine arts, provided that no more than two (2) students are instructed at any one (1) time.

2.

Professional offices such as, but not limited to, the following: accountant, architect, drafting, insurance agent, manufacturing agent, real estate agent, and tax consultant.

3.

Administrative or clerical support services, such as transcription, court reporters, stenographers, notary public, or addressing services.

4.

Personal services, such as beauty or barber shop, nail technician, dressmaking or tailoring, provided that the service is limited to one (1) station.

5.

Cottage industries, such as cooking, or the creation of intellectual property (books, videos, DVDs, and similar).

6.

Studios for artists, photographers (including a darkroom), or artisans, including potters and basket weavers.

7.

Light repairs, such as clock repair shop, gunsmith shop, or locksmith.

8.

Boarding non-transient guests, limited to four (4) guests at any one time subject to the provisions of Section 4.03.21.

9.

Day care for six (6) or fewer children.

C.

An interpretation that a use not listed in Section 5.01.01(B) is similar shall be based on the tasks and activities normally associated with the proposed use and the similarity of those tasks and activities with the tasks and activities normally associated with a listed use.

5.01.02   Standards for all home occupations.

A.

The parcel on which a home occupation is proposed shall conform to all standards of the zoning district in which it is proposed.

B.

Business licenses are required for all home occupations.

C.

Employees of the home occupation shall be limited to the residents of the dwelling.

D.

The home occupation shall be clearly incidental to the residential use of the dwelling.

E.

The use of the dwelling for a home occupation shall not change the residential character of the building.

F.

No internal or external alterations which are inconsistent with the residential use or character of the dwelling shall be permitted.

G.

Products for sale or use in the home occupation shall not be visible from the street.

H.

Only products produced on the premises shall be sold on the premises.

I.

Use of a dwelling for a home occupation shall not exceed twenty-five (25) percent of one (1) floor of the dwelling.

J.

The home occupation shall not constitute a nuisance to the surrounding neighborhood, as evidenced by the use of machinery or equipment that produces noise, smoke, odor, vibration, electrical interference, or other objectionable condition beyond the property line of the lot on which the home occupation is located.

K.

Outside storage of materials used in connection with a home occupation is prohibited.

L.

If the home occupation is proposed to involve the use of an accessory building, such use shall be permissible when it is clearly demonstrated that the accessory building is located, designed, and generally follows the normal and typical patterns of residential accessory buildings. The floor area of accessory building used for a home occupation shall not exceed twenty-five (25) percent of one (1) floor of the dwelling.

M.

The total floor area devoted to a home occupation, when combining home occupation use of the dwelling and home occupation use of an accessory building, shall not exceed twenty-five (25) percent of one (1) floor of the dwelling.

N.

Vehicles used for the home occupation shall be limited to passenger vehicles.

O.

Signs shall be permitted in accordance with the provisions of Chapter 7 of this Code.

5.01.03   Standards for all rural home occupations.

A.

A rural home occupation shall be permissible only on land in the SA zoning district.

B.

Where a rural home occupation is proposed, the following standards shall apply in addition to the standards for all home occupations set forth in Section 5.01.02:

1.

Employees of a rural home occupation may be any residents on the parcel and are not limited to the residents in the principal dwelling. Further, there shall be no nonresident employees of a rural home occupation.

2.

Permissible home occupations include those identified in Section 5.01.01.B and the following: service-oriented commercial activities associated with agricultural activities, such as taxidermy or farm equipment service.

3.

In addition to passenger vehicles, two (2) non-passenger vehicles directly associated with the rural home occupation are permissible.

5.02.01   Generally.

A.

It is the intent of this section to regulate accessory uses and the installation, configuration, and use of accessory structures. Regulation is necessary in order to ensure that accessory uses and structures are compatible with the surrounding neighborhood and are consistent with the character and intent of the zoning district in which the accessory structures are located.

B.

Permissible accessory uses and structures are identified in Table 2.03.04.

C.

Accessory structures shall be on the same lot and subordinate to the principal use or structure.

D.

Accessory structures shall not be allowed in front yards in areas zoned residential or residential professional.

E.

Accessory buildings shall comply with the following standards:

1.

Accessory buildings located in front or side yards on lots zoned for residential use shall meet the front and side setbacks set forth in Table 4.01.02(F).

2.

Accessory buildings located in the rear yard on lots zoned for residential use shall be setback at least five (5) feet from the rear property line and eight (8) feet from the side property line.

3.

Accessory buildings located on through lots shall be setback a distance equal to or greater than the required front yard setback for the zoning district, as set forth in Table 4.01.02(F).

4.

Accessory buildings on lots with a nonresidential zoning classification shall be located to comply with all front, side, and rear setbacks set forth in Table 4.01.02(F) or standard backyard setback requirements with appropriate screening.

5.

An accessory building that exceeds eight (8) feet in height shall be separated from the principal building by at least ten (10) feet.

6.

Accessory structures shall not be located on or within any recorded or required easement.

7.

Accessory structures shall not be erected on a lot prior to the construction of the principal structure.

8.

Accessory structures shall be included in all calculations for impervious surface ratio standards and for stormwater management standards.

9.

Accessory structures, other than fences located in compliance with the requirements of Section 5.02.03, shall not be located within any required buffer or landscaping area, parking lot, protected resource area, or stormwater management area.

F.

An accessory building may be permitted on a separately platted lot provided that the following standards are met:

1.

The lot on which the accessory building is proposed shall abut the lot on which the principal building is located.

2.

The lot on which the accessory building is proposed and the lot on which the principal building is located shall have the same ownership.

3.

The lot on which the accessory building is located shall comply with the standards for uses within the zoning district.

4.

The accessory building shall be located in compliance with the setback standards for the zoning district, as set forth in Section 4.01.02.

5.

Except as set forth herein (Section 5.02.01.E) the accessory building shall otherwise comply with all standards set forth in Section 5.02.01.

5.02.02   Accessory dwellings.

A.

Accessory dwellings include, but are not limited to, basement apartments, garage apartments, caretaker, or other employee quarters.

B.

Accessory dwellings shall be under the same ownership as the principal dwelling and lot.

C.

On lots zoned for residential use, accessory dwellings are permissible only within the principal dwelling or a garage apartment.

D.

Accessory dwellings contained within a principal dwelling shall comply with the following standards:

1.

There shall be no more than one (1) accessory dwelling in a principal dwelling unit.

2.

The accessory dwelling may have a separate exterior entrance.

3.

The accessory dwelling shall not exceed twenty-five (25) percent of the habitable floor area of the principal dwelling.

4.

One (1) additional off-street parking space shall be provided to serve the accessory dwelling.

5.

The accessory dwelling shall comply with all building and health code standards.

E.

An accessory dwelling may be located above or attached to a garage, and shall comply with the following standards:

1.

There shall be no more than one (1) accessory dwelling unit per lot.

2.

The garage and associated accessory dwelling shall be located only within the side or rear yard.

3.

The lot shall comply with the minimum lot area standards set forth in Table 4.01.01.

4.

The total floor area of the accessory dwelling shall not exceed twenty-five (25) percent of the floor area of the principal dwelling and shall have a minimum of 400 square feet

5.

One (1) additional off-street parking space shall be provided to serve the accessory dwelling unit.

F.

An accessory dwelling to provide quarters for caretakers or security personnel are permissible on lots zoned CC, CD, WLI, and HI, subject to the following standards.

1.

The dwelling shall be occupied only by an employee of the business conducted on the premises.

2.

No more than one (1) dwelling shall be located on the nonresidential parcel.

3.

The portion of the total site (called dwelling lot) devoted to the dwelling shall be at least 8,000 square feet. The portion of the total site devoted to the dwelling shall be identified on the site development plan, but shall not be platted as a separate lot.

4.

The location of the dwelling on the dwelling lot shall comply with the setbacks required for the R8 zoning district.

5.

The dwelling may be a manufactured house or site built.

6.

The dwelling shall have water and sewage disposal in full compliance with the requirements of the Tift County Health Department.

G.

Accessory dwellings for agricultural workers is permissible in the SA zoning district, subject to the following standards:

1.

The dwellings shall be occupied only by an employee of the agricultural operation conducted on the premises and the employee's family.

2.

There shall be no more than two (2) such accessory dwellings per twenty-five (25) acres of land.

3.

The dwellings shall meet all applicable rules and regulations regarding agricultural worker housing of the Georgia Department of Labor.

4.

The dwellings shall have water and sewage disposal in full compliance with the requirements of the Tift County Health Department.

5.

The dwellings shall be located in compliance with the SA zoning district setbacks and height standards.

6.

Accessory dwellings shall be separated from other dwellings and buildings by at least thirty (30) feet.

5.02.03   Fences and walls.

A.

Location of fences and walls.

1.

Fences and walls may be located on or inside property lines.

2.

Setback requirements applicable to buildings shall not prohibit or restrict any necessary retaining wall, below ground foundation, or fence which shall be necessary for the proper development of a site as required by this LDC.

3.

Fences and walls shall be located to avoid interference with the required clear visibility area designated in Section 6.01.05.

4.

Fences and walls shall not obstruct, hinder, or impede the movement of pedestrian and vehicular traffic, and shall not present a nuisance, danger, or hazard to the general public.

5.

Fences shall be constructed with the finished side facing outward.

B.

Height standards.

1.

Heights of fences shall be measured from natural ground level at the base of the fence to the topmost part of the fence. Heights of fences located on berms shall be measured from the bottom of the berm to the topmost part of the fence.

2.

The maximum height of a fence in a side or rear yard is eight (8) feet.

3.

The maximum height of a fence in a front yard is four (4) feet, except within the clear visibility area designated in Section 6.01.05, where the maximum height is three (3) feet.

C.

Specific provisions within the SA zoning district.

1.

Barbed wire may be used on fences.

2.

Electric fences are permissible in full compliance with electrical and safety codes.

D.

Specific provisions in WLI and HI zoning districts. Fences required for enclosure of permissible outdoor storage as set forth in Section 5.02.04 shall not exceed ten (10) feet in height.

E.

Specific provisions in Commercial Downtown district. No fence shall be installed or constructed within the Commercial Downtown district adjacent to a city street or alley or between a city street or alley and the front, side or rear of any commercial or residential structure.

F.

Requirements in this ordinance for fences, walls and hedges are not intended to restrict landscaping features that exist or may be planted as a part of the beautification of any premises provided such planting does not obstruct the vision of drivers on streets or driveways nor interfere with clear sight lines at corners or adjacent driveways and does not obstruct natural light and air on adjacent premises.

G.

Any violation of the provisions of this Ordinance is hereby declared to be a public nuisance which may be enjoined or abated and may subject the violator to fines and penalties, including the costs of abatement, as provided in the City's Code of Ordinances for the abatement of public or private nuisances or under the laws of the State of Georgia. The City specifically reserves the right to contract for the removal and clean-up of nuisance fencing or walls and to assess the cost thereof to the property owner.

(Ord. No. 2019-13, § I, 6-17-2019)

5.02.04   Outside storage.

A.

The standards set forth in this section apply to any storage of equipment, machinery, or materials other than enclosed within a building.

B.

Outside storage involving machinery and equipment, service areas for vehicles in need of major service or repair, materials for construction or distribution is permissible only in the GB, WLI, and HI zoning districts.

C.

Outside storage involving machinery and equipment for agricultural support is permissible only in the SA zoning district.

D.

The provisions of this section shall not be construed to prohibit the outdoor storage of non-commercial lawn equipment in residential areas.

E.

Outside storage shall be located within a rear yard or side yard.

F.

Outside storage shall be fully concealed from public view with a solid fence, not to exceed ten (10) feet in height.

G.

Outside storage of parts and materials, service areas, refuse, or work activity areas shall be maintained in a neat and orderly manner.

H.

Stored materials shall not exceed the height of the fence enclosing the outside storage area.

I.

Outdoor storage shall not be located within any required buffer area, stormwater management area, or easement.

5.02.05   Dumpsters.

A.

Dumpsters shall be screened with a solid masonry wall or hardy plank. The fence shall be eight (8) feet in height. If a fence is used, the finished side shall face outward.

B.

Double-staggered shrubs shall be installed around the perimeter of the wall or fence to form a continuous hedge. Plant materials shall meet the specifications set forth in Section 4.08.04(A), and shall be maintained as required in Section 4.08.03.

C.

A gate shall be provided for access.

D.

Whenever possible, dumpsters shall not be visible from the public right-of-way.

E.

Dumpsters shall be located on a concrete surface of sufficient size to accommodate the dumpster.

1.

Dumpsters for food service establishments shall provide a drain.

2.

Dumpsters for food service establishments shall provide a grease trap.

F.

The dumpster location shall be easily accessible for pick-up.

G.

Dumpsters shall be located to the rear or side of the principal building. A location in the front of the principal building shall be permissible only where side and rear yard locations cannot provide adequate access for pick-up.

H.

Dumpsters shall not be located within any required buffer area, required landscaped area, required parking lot landscaping, or stormwater management area.

I.

All dumpsters shall be properly maintained and shall comply with City's requirements for safety, sanitation, and nuisances.

5.02.06   Swimming pools.

Swimming pools shall be enclosed by a steel mesh security fence, masonry wall, or other building material providing equal or better access control. The fence or wall shall be a minimum of four (4) feet in height.

5.02.07   Reserved.

5.02.08   Mobile food units.

A.

As used in this section, the terms below shall be defined as follows:

1.

Commissary shall mean an approved catering establishment, restaurant, or other approved place in which food, containers or supplies are kept, handled, prepared, packaged or stored.

2.

Menu change shall mean a modification of a food establishment's menu that requires a change in the food establishment's food preparation equipment or storage requirements previously approved by the Tift County Health Department. The term "menu change" shall include, but is not limited to, the addition of potentially hazardous food to a menu, installation of new food preparation or storage equipment, or increasing storage capacity.

3.

Mobile food unit shall mean a retail food establishment that reports to and operates from a commissary and is readily moveable.

4.

Mobile food vendor ("vendor") shall mean the registered owner of a mobile food truck or the owner's agent or employee.

5.

Mobile food vendor permit ("vendor permit") shall mean a document indicating the owner of an established mobile food unit has met the requirements of this ordinance and is licensed to operate within the City of Tifton.

6.

Mobile food vendor site ("vendor site") shall mean a location where one or more mobile food units are located at any one time specifically for the purpose of selling merchandise in accordance with the provisions set forth within this ordinance.

B.

Permit required. It shall be unlawful for any person to sell, or offer for sale, food or beverages of any type from a commissary or mobile food unit without first obtaining a vendor permit as described herein.

C.

Vendor permit application requirements. An application for a mobile food vendor permit as described herein shall be submitted to the Director or their designee for review and consideration and shall include, at a minimum, the following information:

1.

Name of the mobile food unit vending business.

2.

Owner's contact information.

3.

Operator's contact information.

4.

Make, model, dimensions and license plate number of the mobile food truck.

5.

Photographs of mobile food unit, to include all sides and all signage.

6.

Location, dates and times of vending site operation.

7.

A copy of approved permit from the Tift County Health Department.

8.

A copy of the current occupational tax certificate from where the business is licensed.

9.

A copy of current liability insurance policy, issued by an insurance company licensed to practice in the state. Each vendor shall maintain no less than a $1,000,000.00 liability insurance policy, protecting the vendor, the public and the city from all claims for damage to property and bodily injury, including death, which may arise from operation under or in connection with the permit.

10.

Signature of applicant indicating agreement to the listed regulations.

A mobile food vendor permit shall be valid for 12 months from the date of issuance.

D.

Vendor site application requirements. An application for a mobile food vendor site as described herein shall be submitted to the Director or their designee and shall include, at a minimum, the following information:

1.

Vendor sites shall be limited to private tracts of land within the GB General Business, Neighborhood Commercial and CD Commercial Downtown zoning districts.

2.

A separate application for each vendor site shall be submitted for approval prior to establishing a vendor site.

3.

Written consent from the property owner(s), property manager(s), leasing agent(s) and/or lessee(s) indicating their approval of the vendor site.

4.

A detailed site plan of the proposed vendor site indicating the location of each mobile food unit, generators, tables, trash cans, parking areas and traffic flow. Each mobile food truck shall be located:

a.

On paved surfaces only and shall not block drive aisles, access to loading/ service areas, emergency access or fire lanes.

b.

No closer than 30 feet from the right-of-way of an arterial highway and shall not be located within a landscape buffer or sight triangle.

c.

No closer than 15 feet from existing fire hydrants or transformers. The overall vendor site shall include no less than 15 off-street parking spaces for each mobile food unit. If adequate on-site parking is not available, the parking requirements must be met by designating parking spaces in an off-site parking area abutting the vendor site. Written consent from the owner of the adjoining property must be provided indicating they have approved off-site parking on their property. The parking space requirements in this paragraph shall not apply to mobile food units located within the Commercial Downtown District.

d.

Within 100 feet of an existing brick-and-mortar restaurant during the hours when such restaurant is open to the public for business. The distance requirements in this paragraph shall not apply to mobile food units located within the Commercial Downtown District.

e.

Within 300 feet of a school or day care facility while that facility is in session unless written approval is established with that facility.

A mobile food vendor site permit shall be valid for the dates identified on the application only. Any changes to the approved permit shall be approved in advance by the Director of the Environmental Management or his or her designee.

E.

Aesthetic/signage requirements.

1.

Absolutely no flashing, blinking or strobe lights shall be used on or within mobile food unit or related signage. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.

2.

All signs used must be permanently affixed to or painted on the mobile food unit and shall extend no more than six inches from the vehicle. No sign shall flash, produce or reflect motion pictures; emit visible smoke, vapor, particles or odor; be animated or produce any rotation, motion or movement. No sign shall be internally illuminated.

3.

A portable menu board measuring no more than six square feet in size may be placed on the ground within the customer waiting area. This sign shall be located no more than ten feet from the edge of the mobile food unit.

In no instance shall the portable menu board be located between the mobile food unit and any adjoining public road.

4.

Mobile food units shall be maintained in good condition and appearance with no structural damage, holes, or visible rust.

F.

Operational requirements.

1.

Mobile food units shall not conduct business within the city limits unless a valid permit has been issued as described herein.

2.

The vendor permit shall be firmly attached to the mobile food unit in a prominent and conspicuous location readily visible to patrons of the mobile food unit and visible on the mobile food unit at all times.

3.

No sales or offers for sale shall be made from any mobile food unit between 9:00 p.m. and 5:30 a.m. unless such sale is in conjunction with a city-approved special event.

4.

No structure, vehicle or equipment shall be left unattended or stored at any time on the vending site when sales are not taking place or during restricted hours of operation.

5.

Each vendor shall comply with all state, federal and local health and safety regulations and requirements and shall obtain and maintain any and all licenses required by any other health organization or governmental organization having jurisdiction over this subject matter.

6.

Vendors may sell food and non-alcoholic beverage items only.

7.

Customers shall be provided with single service articles such as plastic utensils and paper plates. Each vendor shall provide no less than one waste container for public use.

Each vendor shall provide for the sanitary collection of all refuse, litter and garbage generated by the patrons using that service and shall remove all such waste materials from the vendor site before the vehicle departs. This includes, but is not limited to, physically inspecting the general area surrounding the vendor site for such items prior to the vehicle's departure.

Absolutely no dumping of gray water on public or private property shall be permitted.

8.

The issuance of a permit does not grant or entitle the vendor to the exclusive use of any property or parking space.

9.

All power required for the mobile food unit shall be self-contained. Mobile food trucks shall not use utilities drawn from the public right-of-way. No power cable or equipment shall extend across any city street, multi-use path, or sidewalk.

G.

Fees. Permit fees shall be as adopted by city council in the schedule of fees and kept on file in the city clerk's office.

H.

Indemnity. As a part of the permitting process set forth herein, any person or entity receiving a permit shall execute an indemnity agreement indemnifying and releasing the city, its agents, employees and elected officials from any and all liability against any and all claims, actions and suits of any type whatsoever.

I.

Review of permit application. In determining whether or not to approve a specific vendor permit or the location of a vendor site, the Director or their designee may consider any factors reasonably deemed relevant for the application including, but not limited to, the following:

1.

Information contained in the application, or supplemental information requested from the applicant, is false in any material detail;

2.

The applicant failed to complete the application form after having been notified of the need for additional information or documents;

3.

Another permit or application has been received prior in time or has already been approved at the same time and location requested by the applicant;

4.

The size, nature or location of the vendor site will present a substantial risk to the health or safety of the public or participants in the event or other persons;

5.

The location of the vendor site will substantially interfere with any construction or maintenance work scheduled to take place upon or along the city streets.

J.

Revocation and suspension. Any permit granted pursuant to the provisions of this section may be subject to revocation for cause by the Director or their designee, including but not limited to the failure to comply with this section or any other applicable provisions of the City of Tifton Code of Ordinances.

(Ord. No. 2013-02, 3-4-2013; Ord. No. 2018-21, (Exh. A), 10-15-2018; Ord. No. 2021-03, 2-15-2021; Ord. No. 2021-08, 5-17-2021)

5.03.01   Temporary structures and uses during construction.

A temporary building or use in connection with a construction project shall be permitted during the construction period. The following standards shall be met by temporary uses established during construction:

A.

A building permit shall be required.

B.

Temporary offices may be located on a construction site to be used for administrative functions during construction. Temporary construction offices may have the name of the construction company printed on one (1) permanently affixed sign on the outside of the building and shall comply with the specifications set forth in the supplemental standards and comply with Chapter 7 of this Code. On-site outdoor storage of equipment and construction materials shall be allowed during the period of construction.

C.

Portable toilet facilities shall be provided.

D.

Construction and demolition debris dumpsters are allowable and are not required to be screened.

E.

A temporary office shall be allowable, which may be used for sales functions or sales offices, allowing for the sale, resale, or marketing of dwellings, structures, or property within the development in which it is located, or adjacent developments under the same control. Where such office is open to the public, ADA compliance is required.

F.

On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects shall be allowed.

5.03.02   Reserved.

5.03.03   Special events and seasonal sales.

A.

Special events include carnivals, fairs, festivals, seasonal sales, tent meetings, or other periodic events of a temporary nature. Such events are typically outdoors.

B.

Special events shall be limited to:

1.

The SA zoning district; or

2.

On any property used for civic purposes; or

3.

On any property used as a religious facility.

C.

The following standards apply to carnivals, fairs, festivals, tent meetings, and similar events and activities:

1.

A temporary use permit is required according to the procedures set forth in Chapter 10 and shall be posted in a public and conspicuous location.

2.

The applicant shall ensure the provision of adequate sanitation facilities, sewage disposal, garbage and refuse disposal, potable water supply, and food service during the special event.

3.

The area devoted to the special event shall not be located on any required setbacks, buffers, parking spaces, parking lot aisles, driveways, fire lanes, or other traffic circulation areas.

4.

The site shall have floodlighting for the special event and parking areas, if any activities are to be offered during darkness. Lighting shall be shielded and directed to avoid direct illumination of adjacent properties as measured at the property line.

5.

The site shall have adequate parking facilities. Parking may be on-site or off-site. Where off-site parking is provided, there shall be adequate plans for transporting or conducting patrons from the off-site parking facilities to the special event area.

6.

The applicant shall provide adequate traffic control and security in and around the special event area during hours of operation.

7.

All stages, booths, tents, scaffoldings, or structures of any nature on, under, or within which persons may congregate, shall conform to applicable building, health, and other construction codes.

D.

The following standards apply to seasonal sales:

[1].

A temporary use permit is required according to the procedures set forth in Chapter 10 and shall be posted in a public and conspicuous location.

[2].

The area devoted to seasonal sales shall not be located on any required setbacks, buffers, parking spaces, parking lot aisles, driveways, fire lanes, or other traffic circulation areas.

[3].

Goods, tents, equipment, or materials used for the seasonal sales activity shall not be located within any right-of-way.

[4].

Parking spaces shall be provided to support the seasonal sales activity. Parking spaces necessary to support the seasonal sales activity shall be in addition to parking provided on the site to serve other uses and shall be calculated based on the square feet of sales area according to the standards in Section 6.01.03.

[5].

The applicant shall ensure the provision of adequate garbage and refuse disposal.

[6].

The applicant shall demonstrate conformance with all applicable building, health, and other federal, State, or local laws.

5.03.04   Model homes and sales offices.

A.

Model homes are permissible only in conjunction with a new residential development during the period of construction of site improvements and new homes.

B.

One (1) or more model homes may be established in a residential development, including planned developments, subject to the following standards:

1.

A model home shall be located on a platted lot meeting all standards of this LDC. The number of model home units shall not exceed five (5) percent of the number of homes or lots permissible in the residential development. Fractions shall be rounded to the nearest whole number.

2.

A model home shall be located to meet all site design standards of this LDC, except for the modifications specifically enumerated herein.

3.

A model home may include a sales office. Where a sales office is provided open to the public, ADA compliance is required.

4.

One (1) off-street parking space shall be provided for each employee plus one (1) off-street parking space per model home. In addition, one (1) off-street parking space shall be provided for handicapped parking. These spaces shall be provided on the same lot as the model dwelling unit or on a contiguous lot within the specific project.

C.

The model home shall be discontinued as a model unit and sales office when ninety (90) percent homes in the residential development have been built. The model home site shall be redesigned to comply with all site design requirements applicable to the residential development. Such redesign includes, at a minimum, removal of parking in excess of that associated with a single-family home; removal of any signs; and removal of any exterior lighting associated with the model home and sales office.

5.05.01   Location, safety, and maintenance requirements.

A.

Donation boxes shall only be permitted within the GB, WLI, or HI zoning districts.

B.

Donation boxes shall only be permitted on properties where there is an active primary use and shall not be located on vacant lots or abandoned property.

C.

Parcels less than three acres are limited to one donation box. Parcels which are three acres or greater in size are allowed two donations boxes per parcel. When two donation boxes are located on an individual property, they must be adjacent to one another.

D.

Donation boxes shall be limited to no more than 4-foot-wide × 4-foot-deep × 8-foot-tall. The height of each donation box shall not exceed 8' in height from finish grade to the highest point of the roof.

E.

Donation boxes shall be installed on a paved surface but may not be located within a drive aisle, fire lane, or loading area. Donation boxes shall not be located within any building setback or established buffer area. To the extent feasible, donation boxes shall be placed so as to be inconspicuous as viewed from the public right-of-way.

F.

Donation boxes are not permitted to be located in a manner that obstructs visibility at intersections or at any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses.

G.

The total square footage for all signage on each donation box shall not exceed two (2) square feet. No advertising shall be permitted on the donation box. An additional sign shall contain the following contact information: the name, address, email, and phone number of both the property owner/manager and operator, it too shall not exceed two (2) square feet.

H.

Donation boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti. All boxes shall be free of debris and shall be serviced regularly so as to prevent overflow of donations or the accumulation of junk, debris, or other material.

I.

All donation boxes must be designed so that they are secured from unauthorized access, and shall have a lid or top to protect the contents from the weather. Such lid or top shall remain closed at all times except when the contents of the collection boxes are being removed.

J.

No donation box shall be permitted to overflow with donated items or to accumulate such items, litter, rubbish, or any other materials surrounding it.

K.

The owner or operator of the donation box, as well as the property owner of the parcel, shall be responsible for maintaining the area around each donation box so that it is free of litter, garbage, and any other undesirable material.

(Ord. No. 2023-06, § I, 3-20-2023)

5.05.02   Donation box permit required.

A.

Prior to delivery and/or installation of any donation box, an application shall be filed with the Department of Community Development. The application must contain the following:

1.

The name, address, telephone number, email address of the donation box owner and of the property owner. If the property owner or donation box owner is not an individual, a specific contact person shall be named to receive notices.

2.

A statement signed by the applicant indicating that the applicant is the donation box owner or authorized agent of the donation box owner, and that applicant is familiar with and shall comply with the responsibilities and obligations of this ordinance including all penalties for violations thereof.

3.

A letter from the owner of the property indicating they are aware and approve the installation of a donation box on their property, including that they are aware of their duties and responsibilities as required by this ordinance, to keep the area surrounding the donation free from overflow of donated items, litter, rubbish, or any other materials surrounding it and agree to maintain the current operator contact information and, if necessary, maintain or remove the donation box if the operator does not follow the provisions of this ordinance.

4.

A site plan or drawing depicting the size (height, width, and length) and location of any and all donation boxes located on the property, as well as signage proposed on the exterior of the donation box.

5.

A plan stating the frequency and methods by which the donation box will be inspected for general cleanliness, graffiti, and litter or other rubbish located on or around the donation box and a plan for remediation of the same. This plan shall also contain the frequency and methods by which the collected materials will be removed from the donation box.

B.

Fees shall be as adopted by City Council in the Schedule of Fees and kept on file in the City Clerk's office.

C.

The term of the permit shall expire one year from the date of issuance. An operator may apply for permit renewal by submitting to the Department of Community Development before the expiration of the permit, a renewal application and associated fee.

D.

No person to whom a permit has been issued shall transfer, assign, or convey such permit to another person.

E.

Donation boxes shall be removed within thirty (30) days from when the property becomes vacant, there no longer exists an active primary use, or is foreclosed upon.

(Ord. No. 2023-06, § I, 3-20-2023)

5.05.03   Time for consideration of permit application.

The city shall process all donation box permit applications within thirty (30) business days of the actual receipt of a completed application and accompanying permit fee. Notice of the review decision may be emailed to the email address provided on the permit application.

(Ord. No. 2023-06, § I, 3-20-2023)

5.05.04   Denial and revocation of permit.

A.

The City shall deny permits to applicants that submit applications that do not comply with the provisions of this ordinance, are incomplete applications, or applications containing any false material statements. Violation of any provision of this ordinance will be grounds for terminating a permit granted by the city for the placement of a donation box. Should the Director deny a permit, the reasons for the denial are to be stated in writing and emailed to the email address provided on the permit application on or before the 30th business day after the City's receipt of the application. Any application denied and later resubmitted shall be deemed to have been submitted on the date of re-submission, instead of the date of the original submission.

B.

No permit shall be denied or revoked, except for due cause. "Due cause" is the violation of the provisions of this ordinance or the submission of an incomplete application or an application containing false material statements.

C.

Appeal. An individual whose permit application has been denied or a permittee whose permit has been revoked may appeal the decision of the Director in accordance with the provisions for appeals to the Board of Appeals contained in [Chapter 10 of this LDC].

(Ord. No. 2023-06, § I, 3-20-2023)

5.05.05   Enforcement and penalties for violation.

A.

The property owner, donation box owner, and operator of the donation box shall each be jointly and severally responsible for ensuring compliance with the regulations of this article.

B.

All notices required under this article shall be provided by email, certified mail, statutory overnight delivery, hand-delivery, or first-class U.S. mail to the address listed for the donation box owner and for property owner on the permit application. The box owner and property owner shall each be responsible for ensuring that all contact information is current.

C.

When a donation box is found to need maintenance or repair, the City shall issue a notice of violation to the owner of the donation box and to the owner of the property upon which the donation box is located which shall describe the violation maintenance issue and provide a period of ten (10) days to rectify the condition. The period of ten days shall be calculated from the receipt of the notice. If, after receiving the notice of violation, the donation box owner fails to remedy the maintenance issue within the time provided, it shall be a violation of this chapter, subject to citation and/or removal as provided in the ordinance. The City may also institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal of donation box. The reasonable cost of any action taken by the City or its agents to remedy the maintenance issue shall be charged against the real estate upon which the structure is located and shall constitute a lien upon such real estate.

D.

The owner of the donation box and the owner(s) of the property upon which the donation box is located, shall be jointly and severally responsible for compliance with the requirements of this ordinance. When there is the presence of donation items, junk, litter, rubbish, or other materials surrounding the donation box, or hanging from the donation box, the City shall issue a notice of violation to the owner of the donation box and to the owner(s) of the property upon which the donation box is located. The notice shall describe the violation and provide a period of 48 hours to rectify the condition. The 48-hour period shall be calculated from the receipt of the notice. If the condition has not been rectifying within this time frame, the city is authorized to remove such litter, junk, debris or other materials and to invoice the donation box owner and the property owner such clean-up costs. The donation box owner and the property owner shall be jointly and severally liable for any such costs, which shall be due and payable within ten days of the city providing written notice of the same to the property owner and donation box owner.

E.

Any person violating any provision of this ordinance shall be liable for a fine in an amount as set by the Municipal Court. A separate offense shall be deemed committed each day during or upon which a violation occurs or is permitted to continue.

(Ord. No. 2023-06, § I, 3-20-2023)